“A panel of three federal judges has denied requests by Robert W. Jackson III’s attorneys this afternoon to delay the convicted murderer’s execution set for early Friday morning.
Jackson’s team were still holding hope, saying they still have motions before the U.S. Supreme Court.
The judges from the Third Circuit Court of Appeals heard the requests via telephone at 5 p.m. in the Philadelphia Federal Courthouse at Sixth and Market streets, said Jason Miller, spokesman for the Delaware Attorney General’s Office.
One of the main issues attorneys brought up is the use of pentobarbital, the lethal injection that is to be administered in Friday’s execution. It has been used 18 times but attorneys argued that it has had its problems.
A Florida court halted an execution this week because of concerns over the new death penalty drug.
A second issue raised by Jackson’s attorneys is whether he is even guilty of the 1992 killing of 47-year-old Elizabeth Girardi during a robbery at her Hockessin home.”